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By Mr. MERRICK : Q. Was it before or after you had been over to the jail that you saw Judge Pierrepont ?
A. I could not tell you whether it was before or after; I do not remember. I recollect seeing the judge, but wbether before or after I could not say.
Q. Do you recollect what time in the day it was you saw Judge Pierrepont? A. No, sir. I think now it was after the adjournment of the court in the afternoon.
Q. Did you leave for home that evening ?
Q. Mr. Cass, there are various modes of recognizing an individual; one by his moustache and his general look, and another by his general action and talk. Tell us, if you please, what is the basis of your opinion that this is the man you saw in the store?
A. Well, the first thing is, that the minute I saw him I recognized him as the man I saw in my store. I did so before I got near him. I saw at once that he was the man I had seen there.
Q. When you came to talk with him, did you recognize a similarity of voice and of action ?
A. Yes, sir; a similarity in his speech, which led me to suppose he was a Canadian.
Q. I understand you to say, then, that you recognized him the minute you saw him, and that after talking to him you recognized the voice and action? A. I did.
By Mr. BRADLEY : Q. Was there anybody else here from Elmira, three weeks ago, besides the gentlemen you have named? Do you remember a Mr. Miller being here? A. O, yes, sir. I saw Mr. Miller.
By the DISTRICT ATTORNEY: Q. Was the time you have mentioned the only time you ever saw the prisoner? A. The first time I saw him was in my store, and the second time was in jail. Q. How long did this conversation continue ?
A. Probably from five to ten minutes. It would not exceed ten minutes, probably not so much.
Q. You cannot state whether his hair was dyed at that time or not?
By Mr. PIERREPONT:
By Mr. Bradley:
of a coat.
A. (Langhingly,) I have the honor of being an alderman of the city of Elmira.
Q. What is your business?
A. My principal business is that of a bookkeeper for the honse of Stewart & Ufford, in Elmira.
Q. Where were you occupied in April, 1865?
A. No, sir. Our store was burned last winter. We were in Nos. 20 and 22 Lake street in April, 1805.
Q. Do you recollect of a gentleman coming into that store on the 13th or 14th of April with any peculiar dress ?
A. I do.
A. The only portion of the dress that I noticed particularly was the coat. It was, as I remember it, a coat buttoned up with a full row of buttons in front and on the sides ; with a belt fastening about the waist, and the skirt gathered into it below the waist.
Q. Do you remember the color ?
À. It was some dark color, either quite a dark gray or a dark blue; I think more likely the former.
Q. Did you hear him in conversation with anybody?
À. The only means I have of knowing the date is this fact, that it was the time when one of our house was in New York buying goods. I made an entry in the cash book showing when he took money to go to New York, and when he got back from New York and settled his account.
Q. State when he left.
Q. Is that the same man? (Pointing to the prisoner, who had been requested to stand up.) A. I bave no doubt but that is the same man.
you have any conversation with him at the jail ? A. I did.
Q. Was there anything in the tone of his voice and manner which would enable you to recollect?
A. Yes, sir; more especially in the manner. I do not remember the tone of his voice so much as the manner of the gentleman. I saw him and heard him talking. My attention was called particularly to him by his dress. I took particular notice of that, and it was his manner that impressed me with a recognition of him.
Cross-examined by Mr. PIERREPONT :
A. No, sir.
A. We only enter the cash accounts on our ledger—sucli as merchandise, expenses, &c., and the individual accounts of members of the firm, and of the clerks, and of money loaned or borrowed, if such should ever be the case.
Q. Look at that book and read the entry there that relates to the business of one of the house.
A. The date is “ April 12th,” under the heading of “Loan account.” E. Ufford, New York, $105.” On the 15th, his charges, “ D. E. Ufford, expense, &c., in New York, $95 62.”
Q. From that you know when he left and when he got back ?
A. Not the amount. In our business the amount of each sale is put on a ticket and that ticket placed upon a spindle. The aggregate of the tickets is footed at night, and that aggregate entered on the cash books.
Q. If one of you sold a coat on a particular day you would have something that would go to show who sold it?
A. We should if it was a coat to be made, and a measure to be taken; otherwise not.
Q. It would be either entered as a cash sale, or entered somewhere on your books?
A. No, sir.
Į. Could any person in your house sell a coat and put the money, in his pocket?
A. He might possibly do it.
A. I could not gay it was the custom to sell coats and put the money in the poeket. As I said before, the custom was, when a person made a sale, to pat the annount on a ticket, and place that ticket on a spindle. As I said before, the aggregate of the amount on the spindle was footed up, and entered on the cash book as a sale.
Q. What was done with the papers on the spindle ?
Q. And that is the way in which the entries would go upon the cash book a. Yes, sir.
Q. When did you next see this man after that day—the 12th, 13th, or 14th, or whenever it was?
A. I think I saw him in this room.
A. His beard is of a different shape now from what I remember of its being then.
Q. Tell the jury how it was when you saw it at Elmira.
A. My impression is that the goatee was not as long then as it is now, and covered rather more of the surface of the chin.
Q. You are sure there was a goatee covering the surface of the chin at that time?
A. I am.
Q. The difference between the goatee now and then is, that then it covered more space?
(Mr. BRADLEY. And was not so long? A. Yes, sir.)
Q. Do you think it was of a lighter or a darker color than now, or of the same color?
A. It was very near the same color.
A. I generally, and did at that time, have my lunch at baif-past 12. somewhere after that. It might have been 2 o'clock.
Q Do you think it was?
Å. I could not say positively. I went to my lunch at half-past 12, and my memory is, that when I returned from my lunch I saw this man there.
By Mr. BRADLEY : Q. I understand you to say that you have no doubt about this being the same man?
A. No, sir.
By Mr. BRADLEY: